Allowed

Avinash Kumar v. The State of Bihar

Patna HC19 Jul 2022CR. MISC./12145/2022

Case brief

AI extract

What is this about?

Held that in a case involving possession of counterfeit currency, the petitioner be released on bail. The court noted the charge-sheet was submitted without an FSL report and the seizure list was disputed, matriculating for bail.

What did the court decide?

Petitioner released on bail bond of Rs. 10,000 with two sureties of the like amount each, subject to conditions of cooperation and physical presence before the trial court.

Avinash Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12145 of 2022

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Arising Out of PS. Case No.-250 Year-2021 Thana- AMAS District- Gaya

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======================================================

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AVINASH KUMAR Son of Sri Shyamdeo Singh Resident of Village-Chhotki Chilmi, P.S.- Amas, Dist- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anand Kumar For the Opposite Party/s : Mr.Sunil Kumar Pandey ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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3 19-07-2022

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Heard learned counsel appearing on behalf of the

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petitioner and learned counsel appearing on behalf of the State.

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Let the defect(s), if any, be removed within a period of four weeks from today.

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The petitioner seeks bail in connection with Amas P.S. Case No. 250 of 2021 registered for the offence under Sections 489(a), 489(b), 489(c) and 34 of the Indian Penal Code.

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Learned counsel for the petitioner is directed to correct the custody period of the petitioner, during course of the day.

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The accused/petitioner is named in the F.I.R. and is in custody since 11.09.2021.

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The allegation against the petitioner is to have in

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Patna High Court CR. MISC. No.12145 of 2022(3) dt.19-07-2022 2/3

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possession of counterfeit currency of Rs. 7,600/-, alleged to be recovered from the bag, possessed by the petitioner.

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Learned counsel appearing on behalf of the petitioner submitted that charge-sheet has been submitted in this case, without obtaining FSL report. It is also submitted that nothing surfaced during course of the investigation, which may connect the petitioner with the alleged recovery of the bag. It has further been submitted that petitioner is a man of clean antecedent and there is no compliance of mandatory provision of Section 100 of Cr.P.C., while preparing seizure list.

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Learned APP, while opposing the prayer of bail, fairly conceded the fact that FSL report is still awaiting.

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Considering the facts and circumstances as mentioned above, as charge-sheet has been submitted against the petitioner without obtaining FSL report with regard to counterfeit currency coupled with the fact that seizure list is disputed, let the petitioner, above named, is directed to be released on bail in connection with Amas P.S. Case No.250 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ XII, Gaya, subject to the following conditions:

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“(i) Accused/Petitioner shall cooperate in the trial and shall be physically

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Patna High Court CR. MISC. No.12145 of 2022(3) dt.19-07-2022

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3/3

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present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

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(ii) That one of the bailors shall be Shyamdeo Singh, who is the father of the petitioner and deponent of the present bail petition.”

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The physical presence of I/O before this court is dispensed with.

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(Chandra Shekhar Jha, J)

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S.Katyayan/-

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U T

Avinash Kumar v. The State of Bihar

Case brief

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Avinash Kumar v. The State of Bihar

Case brief

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